1. (1) The following definitions of Section 63G-6a-1303 shall apply to any term used in this rule:

   1. (a) "Contractor" means a person who is or may be awarded a state construction contract.

   2. (b) "Covered individual" means an individual who:

      1. (i) on behalf of a contractor or subcontractor provides services directly related to design or construction under a state construction contract; and
      2. (ii) is in a safety sensitive position, including a design position that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a state construction contract.

   3. (c) "Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:

      1. (i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug; or
      2. (ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

   4. (d) "Random testing" means that a covered individual is subject to periodic testing for drugs and alcohol:

      1. (i) in accordance with a drug and alcohol testing policy; and
      2. (ii) based on a random selection process.

   5. (e) "State Executive Entity" means a state executive branch:

      1. (i) department;
      2. (ii) division including the Division of Facilities Construction and Management;
      3. (iii) agency;
      4. (iv) board;
      5. (v) commission;
      6. (vi) council;
      7. (vii) committee;
      8. (viii) institution; or
      9. (ix) a state institution of higher education, as defined under Section 53B-3-102.
   6. (f) "State construction contract" means a contract for design or construction entered into by the division.

   7. (g)(i) "Subcontractor" means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction.

      1. (ii) "Subcontractor" includes a trade contractor or specialty contractor.
      2. (iii) "Subcontractor" does not include a supplier, distributor, or other vendor who provides only materials, equipment, or supplies to a contractor or subcontractor.

2. (2) In addition:

   1. (a) "Director" means the director of the division, appointed pursuant to Section 63A-5b-302, including, unless otherwise stated, the director's authorized designee.
   2. (b) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5b-301 as well as entities entering into state construction contracts under delegation authority by the director.

KEY: drug and alcohol testing, contracts, contractors

Date of Last Change: February 8, 2023

Notice of Continuation: May 5, 2025

Authorizing, and Implemented or Interpreted Law: 63G-6a-1303